Advice on possible disability discrimination

lcc86

Hi all

Summary of my situation:
- Permanently employed with a local authority as of September 2024
- Requested OH referral when I started due to a chronic physical health condition which means I need a proper desk setup (not just using a laptop but a second screen and decent chair), and also can have difficulties with long journeys/public transport
- Employer didn't complete the OH referral for several months and I only had the appointment in April 2025
- Recommendations were for a fixed desk if possible, suitable chair, second screen, mouse, keyboard, locker, use of car when needed (am a casual car user so this was already covered)
- Recommendations haven't been implemented, and was recently told car use is being removed for the service. No consultation, no explanation, just a blanket removal.
- Emailed HR re the car usage, was referred back to management. Emailed my union rep, no response.
- In June 2025 I escalated the lack of implementation of my reasonable adjustments, received an acknowledgement but two weeks have passed and no update.

I have had to take a few days off sick because of my condition, and I have made it very clear that if reasonable adjustments are made, I don't generally have many issues as other employers have done so and it's not been an issue. I've emailed my union this morning asking for advice on next steps but also wanted to ask here as well. 

I'm not one to kick up much of a fuss but I'm also doing extra work for someone I supervise who's on long-term sick leave, and it just annoys me that I'm going the extra mile and getting nothing in return (appreciate that's more of a vent than a legal issue though). Does anyone have any advice? I can provide some more information if needed but don't want to dox myself or my employer on here.

Emmia

What do you mean by casual car usage? Are you asking them to provide a car? Or a designated parking spot?

UnsureAboutthis

Do you mean like all councils, they have removed the car allowance?

Most coucils throw in free parking with the 'Essential car user allowance," does that still remain?

Those with a disability and a Blue Badge get to park inside the main building if there is parking with disabled bays, on a first-come, first-served basis.

I've seen people at work struggle with OH recommendations and getting them implemented promptly. 

You need to chase your Union rep again.

I doubt you reached this stage, but worth a read, link below. (Making a complaint against the people you work with, as you know is very stressful and it is helpful  if you have a close commrade in your office that you speak to and depend on)

https://www.acas.org.uk/handling-a-bullying-discrimination-complaint

lcc86

Emmia said:

What do you mean by casual car usage? Are you asking them to provide a car? Or a designated parking spot?

No sorry, just occasionally using my own car (with business use) for trips, approx once a fortnight, and then claiming the mileage 

lcc86

UnsureAboutthis said:

Do you mean like all councils, they have removed the car allowance?

Most coucils throw in free parking with the 'Essential car user allowance," does that still remain?

Those with a disability and a Blue Badge get to park inside the main building if there is parking with disabled bays, on a first-come, first-served basis.

I've seen people at work struggle with OH recommendations and getting them implemented promptly. 

You need to chase your Union rep again.

I doubt you reached this stage, but worth a read, link below. (Making a complaint against the people you work with, as you know is very stressful and it is helpful  if you have a close commrade in your office that you speak to and depend on)

https://www.acas.org.uk/handling-a-bullying-discrimination-complaint

So we have essential and casual, I fall under casual, but our policy says that if the council wishes to change that they must consult us and give one month's notice, which hasn't been done.

I really want to avoid getting to a formal complaint, as you say it's very stressful, and I like my work, but just feel that things are being made unnecessarily difficult. 

I've emailed my union this morning so will wait for their advice as well.

RunsFromRobots

The thing about OH recommendations is that's what they are and your employer doesn't necessarily have to follow the advice. This link to ACAS may help.

However, speaking as a line manager myself, physical recommendations would ordinarily be applied so whoever your manager is is clearly not doing their job and you ought to consider going over their head.

Presumably you are paying to be a member of a TU, so your rep. is also failing to support you.

You shouldn't necessarily be penalised for taking time off work due to the adjustments not being in place (if the reason you're off work sick is related of course), but don't start making ultimatums until you have spoken with TU, etc.

Edit: Did the OH report explicitly state you were covered by the Equality Act 2010?

UnsureAboutthis

RunsFromRobots said:

The thing about OH recommendations is that's what they are and your employer doesn't necessarily have to follow the advice. This link to ACAS may help.

However, speaking as a line manager myself, physical recommendations would ordinarily be applied so whoever your manager is is clearly not doing their job and you ought to consider going over their head.

Presumably you are paying to be a member of a TU, so your rep. is also failing to support you.

You shouldn't necessarily be penalised for taking time off work due to the adjustments not being in place (if the reason you're off work sick is related of course), but don't start making ultimatums until you have spoken with TU, etc.

You are right about "recommendations" as some people (not the OP) misunderstand the definition of this word.

However, a council/public sector work often get the vast majority if not all of the recommendations met but as stated by me earlier, it is often a struggle.

elsien

What about all the other adjustments? – the desk, monitor et cetera? Have they been implemented? 

With apologies if I have misunderstood I’m not seeing it as necessarily discrimination with regard to the car, because no one is saying you can’t use your car, simply that the mileage allowance has gone. If you were getting public transport, would that be reimbursed? 

lcc86

RunsFromRobots said:

The thing about OH recommendations is that's what they are and your employer doesn't necessarily have to follow the advice. This link to ACAS may help.

However, speaking as a line manager myself, physical recommendations would ordinarily be applied so whoever your manager is is clearly not doing their job and you ought to consider going over their head.

Presumably you are paying to be a member of a TU, so your rep. is also failing to support you.

You shouldn't necessarily be penalised for taking time off work due to the adjustments not being in place (if the reason you're off work sick is related of course), but don't start making ultimatums until you have spoken with TU, etc.

Edit: Did the OH report explicitly state you were covered by the Equality Act 2010?

Thanks, I've gone above my line manager but still not getting anywhere currently. I know of others in the council with similar adjustments so I wouldn't have thought it would be considered unreasonable, and if I'm right (please correct me if not) if my request is unreasonable the employer should consider if there's a more reasonable alternative? Will chase my rep again tomorrow.

The report does confirm I'm covered by Equality Act as it's a permanent condition. I'm also awaiting an operation. Will check out your link, thank you!

lcc86

UnsureAboutthis said:

RunsFromRobots said:

The thing about OH recommendations is that's what they are and your employer doesn't necessarily have to follow the advice. This link to ACAS may help.

However, speaking as a line manager myself, physical recommendations would ordinarily be applied so whoever your manager is is clearly not doing their job and you ought to consider going over their head.

Presumably you are paying to be a member of a TU, so your rep. is also failing to support you.

You shouldn't necessarily be penalised for taking time off work due to the adjustments not being in place (if the reason you're off work sick is related of course), but don't start making ultimatums until you have spoken with TU, etc.

You are right about "recommendations" as some people (not the OP) misunderstand the definition of this word.

However, a council/public sector work often get the vast majority if not all of the recommendations met but as stated by me earlier, it is often a struggle.

Yeah I mean I've come from another local authority and never had an issue, just seem to be running against a brick wall here. I certainly haven't been told no, I'm just not being told anything at all.

lcc86

elsien said:

What about all the other adjustments? – the desk, monitor et cetera? Have they been implemented? 

With apologies if I have misunderstood I’m not seeing it as necessarily discrimination with regard to the car, because no one is saying you can’t use your car, simply that the mileage allowance has gone. If you were getting public transport, would that be reimbursed? 

None of the recommendations have been implemented. Had a meeting with my manager shortly after the OH assessment and didn't get told the recommendations were unreasonable or anything, but nothing has happened. When I sent my June email I asked for a timeline for when I could expect an answer on my adjustments. Public transport is reimbursed but my report says that for long journeys cars are preferable as I can take breaks. I understand if it's not possible but we weren't consulted on the removal (I will probably carry on using my car if it's better for my personal circumstances and just not claim) and the policy says we should be. I asked if there's any scope for leeway, I'm also aware of colleagues with worse mobility issues although obviously am not bringing anyone else into my own complaint.